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2022-01-09T15:56:44Z

Closing stale 2021 merge proposal; uncontested objection and no support; see Talk:Para 66#Merger with main article

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{{short description|High treason case involving in Pervez Musharraf}}
{{Infobox court case
|name = Federation of Pakistan v. General (R) Pervez Musharraf
|court = Special Court of Islamabad
|image =
|imagesize =
|imagelink =
|imagealt =
|caption =
|full name =
|date decided = {{start date|2019|12|17|df=}}
|citations =
|ECLI =
|transcripts = [https://www.scribd.com/document/440357769/Special-court-s-detailed-verdict-in-Musharraf-treason-case#download Detailed verdict]
|judges = [[Waqar Ahmed Seth]]<br>[[Nazar Akbar]]<br>[[Shahid Karim]]
|number of judges = 3
|decision by = Waqar Ahmed Seth
|concurring = Shahid Karim
|dissenting = Nazar Akbar
|concur/dissent =
|prior actions =
|appealed from =
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|subsequent actions =
|related actions =
|opinions =
|keywords = 
|italic title = no
}}

{{Pervez Musharraf sidebar}}

The '''''Federation of Pakistan v. General (R) Pervez Musharraf''''', informally known as the '''Musharraf high treason case''', was a court case in which former Pakistani president and military ruler [[Pervez Musharraf]] was tried for high treason stemming from his [[Pakistani state of emergency, 2007|actions on 3 November 2007]]<ref>{{cite book |last1=Jaffrelot |first1=Christophe |title=The Pakistan Paradox: Instability and Resilience |year=2015 |publisher=Oxford University Press |isbn=9780190235185 |page=354 |url=https://books.google.com/books?id=i5GMCwAAQBAJ&pg=PA354}}</ref> when he subverted and suspended the [[Constitution of Pakistan]], sacking fifteen [[Supreme Court of Pakistan|Supreme Court]] judges and fifty-six judges of the provincial High Courts while putting the then [[Chief Justice of Pakistan]] under house arrest.<ref>{{cite news |title=Pervez Musharraf treason trial: a timeline |url=https://tribune.com.pk/story/2119773/1-timeline-pervez-musharrafs-treason-case/ |work=The Express Tribune |date=December 17, 2019}}</ref> It was the first time in Pakistan's history that a former military ruler faced a trial for treason.<ref>{{Cite news|url=https://www.bbc.com/news/world-asia-25460336|title=Defiant Musharraf breaks silence|date=December 20, 2013|website=www.bbc.com}}</ref>

On 17 December 2019, a special court, composed of Chief Justice of the [[Peshawar High Court]] (PHC) [[Waqar Ahmed Seth]], [[Nazar Akbar]] of the [[Sindh High Court]] (SHC), and [[Shahid Karim]] of the [[Lahore High Court]] (LHC), found Musharraf guilty of [[high treason]] and [[Capital punishment in Pakistan|sentenced him to death]].<ref>{{Cite news|url=https://www.dawn.com/news/1522857|title=Army dismayed as Musharraf gets death for high treason|first=Malik|last=Asad|date=December 18, 2019|website=DAWN.COM}}</ref><ref>{{cite news |title='State of emergency': A timeline of the long-drawn high treason trial of General Pervez Musharraf |url=https://www.dawn.com/news/1517639/ |work=Dawn |date=December 17, 2019}}</ref> On 13 January 2020, the Lahore High Court annulled the death sentence.<ref name="High Court annuls" />

==Background==
On 31 July 2009, a 14-judge bench of the [[Supreme Court of Pakistan]] declared Gen [[Pervez Musharraf]]'s action of declaring [[2007 Pakistani state of emergency|emergency in November 2007]], as illegal and unconstitutional in the [[PCO Judges case]]'s verdict.<ref>{{cite news |title=SC strikes down Nov 3 emergency |url=https://www.dawn.com/news/849047 |work=Dawn |date=August 1, 2009}}</ref>

On 5 April 2013, the Supreme Court accepted a petition filed against Musharraf that accused him of committing treason under Article 6 of the [[Constitution of Pakistan|Constitution]]. A three-member bench headed by Chief Justice [[Iftikhar Mohammad Chaudhry]] was constituted to begin hearing the case from 8 April 2013.<ref>{{cite news |title=SC to hear treason case against Musharraf |url=https://www.dawn.com/news/800467/ |work=Dawn |date=April 5, 2013}}</ref> However, on 7 April 2013, the CJP Iftikhar Chaudhry recused himself from the bench hearing the petition.<ref>{{cite news |title=CJP withdraws himself from Musharraf treason case |url=https://www.dawn.com/news/800971 |work=Dawn |date=7 April 2013}}</ref> On 8 April 2013, a two-member bench led by Justice [[Jawwad S. Khawaja]] summoned Musharraf and ordered that his name be put on the [[Exit Control List]] (ECL).<ref>{{cite news |title=Musharraf on ECL, summoned in treason case |url=https://www.dawn.com/news/801135 |work=Dawn |date=April 8, 2013}}</ref>

On 24 June 2013, in the [[National Assembly of Pakistan]], the-then Prime Minister [[Nawaz Sharif]] said that his government intends to file a written request before the Supreme Court to put Musharraf on trial for treason under Article 6 of the Constitution.<ref>{{cite news |title=Former dictator Musharraf to be tried for treason: PM Nawaz Sharif |url=https://www.dawn.com/news/1020442 |work=Dawn |date=June 24, 2013}}</ref> On 18 November 2013, the Supreme Court accepted the [[Third Sharif ministry|Sharif government]]'s request [in the request 23 of PMLN legislatures were absent] to set up a Special Court to try Musharraf under Section 2 of the High Treason (Punishment) Act 1973 of the constitution.<ref>{{cite news |title=Supreme Court agrees to try Musharraf |url=https://www.dawn.com/news/1056985 |work=Dawn |date=November 18, 2013}}</ref> On 19 November 2013, Sharif approved the names of SHC Justice [[Faisal Arab]], BHC Justice [[Tahira Safdar]] and LHC Justice [[Muhammad Yawar Ali]] for the Special Court set up under Section 4 of the Criminal Law Amendment (Special Courts) Act 1976.<ref>{{cite news |title=Three-member bench finalised for Musharraf treason case |url=https://www.dawn.com/news/1057196 |work=Dawn |date=November 19, 2013}}</ref>

==Case progression==
On 12 December 2013, the Sharif government submitted an 11-page complaint carrying five charges of high treason against Musharraf for his trial in the Special Court.<ref>{{cite news |title=Five treason charges await Musharraf |url=https://www.dawn.com/news/1072184 |work=Dawn |date=December 13, 2013}}</ref> On 13 December 2013, the Special Court convened its first meeting at [[Federal Shariat Court]] and summoned Musharraf to appear before it on 24 December 2013.<ref>{{cite news |title=Musharraf summoned to face treason charges on Dec 24 |url=https://www.dawn.com/news/1073683 |work=Dawn |date=December 13, 2013}}</ref>

On 2 January 2014, Musharraf was taken to the [[Armed Forces Institute of Cardiology]] (AFIC) in Rawalpindi while on the way to the special court.<ref>{{cite news |title=Musharraf moved to hospital; court grants exemption |url=https://www.dawn.com/news/1077896/ |work=Dawn |date=January 2, 2014}}</ref> On 7 January 2014, the AFIC submitted a medical report to the special court stating that Musharraf was suffering from triple-vessel [[coronary artery disease]].<ref>{{cite news |title=Musharraf medical report submitted |url=https://www.dawn.com/news/1079060 |work=Dawn |date=January 8, 2014}}</ref>

On 18 February 2014, Musharraf finally appeared in court after avoiding twenty-two consecutive hearings, but no charges were framed against him.<ref>{{cite news |title=Musharraf finally appears in court, but not charged |url=https://www.dawn.com/news/1087946/ |work=Dawn |date=February 19, 2014}}</ref> On 21 February 2014, the court dismissed Musharraf's plea that had challenged the special court's jurisdiction and had asked that his treason trial be held at a military court.<ref>{{cite news |title=Treason case: Musharraf not to be tried in military court |url=https://www.dawn.com/news/1088526 |work=Dawn |date=February 21, 2014}}</ref> On 31 March 2014, Musharraf was indicted for high treason charges.<ref name="auto">{{Cite web|url=https://www.newsweekpakistan.com/pervez-musharraf-sentenced-to-death-in-high-treason-case/|title=Pervez Musharraf Sentenced to Death in High Treason Case|date=December 17, 2019|website=Newsweek Pakistan}}</ref>

In March 2016, Musharraf via his counsel moved an application before the Supreme Court seeking one-time permission to go abroad for medical treatment.<ref>{{cite news |title=Musharraf seeks one-time permission to go abroad for medical treatment |url=https://www.dawn.com/news/1245721 |work=Dawn |date=March 15, 2016}}</ref> On 16 March 2016, the Supreme Court upheld a 2014 SHC ruling that ordered the removal of Musharraf's name from the ECL.<ref>{{cite news |title=Top court allows Musharraf to travel, name to be struck off ECL |url=https://www.dawn.com/news/1246029 |work=Dawn |date=March 16, 2016}}</ref> Subsequently, on 18 March 2016, Musharraf left the country for [[Dubai]], United Arab Emirates.<ref name="auto"/><ref>{{cite news |title=Musharraf leaves for Dubai to 'seek medical treatment' |url=https://www.dawn.com/news/1246225 |work=Dawn |date=March 18, 2016}}</ref> On 11 May 2016, the special court declared Musharraf an absconder in the treason case for his failure to appear before the court even after multiple summons.<ref>{{cite news |title=Special court declares Musharraf absconder in treason case |url=https://www.dawn.com/news/1257675 |work=Dawn |date=May 11, 2016}}</ref>

On 19 November 2019, the special court reserved its verdict in the high treason case.<ref>{{cite news |title=Court reserves verdict in Musharraf treason case |url=https://www.dawn.com/news/1517620 |work=Dawn |date=November 19, 2019}}</ref> On 5 December 2019, the special court said that it would announce the verdict in the high treason case against Musharraf on 17 December 2019.<ref>{{cite news |title=Special court to announce verdict in Musharraf treason case on Dec 17 |url=https://www.dawn.com/news/1520592 |work=Dawn |date=December 5, 2019}}</ref>

==Verdict==
On 17 December 2019, the special court found Musharraf guilty of high treason and sentenced him [[capital punishment in Pakistan|to death]] under Article 6 of the Constitution in a 2–1 split verdict.<ref name="Dictator">{{cite news |title=Former military dictator Musharraf handed death sentence in high treason case |url=https://www.dawn.com/news/1522774/ |work=Dawn |date=17 December 2019}}</ref> On 19 December 2019, the special court released the 169-page detailed verdict authored by PHC CJ [[Waqar Ahmed Seth]] with a dissenting note from Justice [[Nazar Akbar]].<ref>{{cite news |title=Musharraf 'persistently, stubbornly' delayed, evaded high treason trial, says detailed verdict |url=https://www.dawn.com/news/1523187/ |work=Dawn |date=December 19, 2019}}</ref>

Musharraf had filed a petition in the High court challenging the judgement delivered by the high court.<ref name="Dawn LHC Jan 2020" /> On 13 January 2020, the Lahore High Court annulled the death sentence calling the special court that held the trial as unconstitutional.<ref name="High Court annuls">{{cite news |title=Lahore High Court annuls Musharraf's death sentence |url=https://www.thehindu.com/news/international/lahore-high-court-annuls-musharrafs-death-sentence/article30557948.ece |accessdate=13 January 2020 |work=The Hindu |date=13 January 2020 |language=en-IN}}</ref> The court also stated that the case was not framed as per the law. The unanimous verdict was delivered by a three membered full bench consisting of the judges Justice [[Sayyed Muhammad Mazahar Ali Akbar Naqvi|Mazahar Ali Akbar]], Justice [[Muhammad Ameer Bhatti]] and Justice Chaudhry Masood Jahangir. The verdict given by the special court was called void by the lawyers. Musharraf's [[All Pakistan Muslim League|political party]] responded to the verdict stating "supremacy of the law and Constitution has been established".<ref name="Dawn LHC Jan 2020">{{cite news |last1=Bilal |first1=Rana |title=Special court formed for Musharraf treason trial 'unconstitutional', rules LHC |url=https://www.dawn.com/news/1528058/special-court-formed-for-musharraf-treason-trial-unconstitutional-rules-lhc |accessdate=13 January 2020 |work=DAWN.COM |date=13 January 2020 |language=en}}</ref>

==See also==
*[[Pakistani state of emergency, 2007]]
*[[PCO Judges case]]

==References==
{{reflist}}

==External links==
*[https://www.scribd.com/document/440357769/Special-court-s-detailed-verdict-in-Musharraf-treason-case#download Detailed verdict on Scribd]

{{Pervez Musharraf}}

[[Category:2019 in Pakistan]]
[[Category:2010s trials]]
[[Category:Civil–military relations]]
[[Category:Nawaz Sharif administration]]
[[Category:Pakistan Army]]
[[Category:Pervez Musharraf|High treason case]]
[[Category:Treason trials]]
[[Category:Trials in Pakistan]]

Musharraf high treason case - Revision history

->Klbrain: Closing stale 2021 merge proposal; uncontested objection and no support; see Talk:Para 66#Merger with main article